Legal Question in Real Estate Law in New Jersey

Out of attorney review. Found a Mortgage Lein on a house. If I obtain title insurance wouldn't it cover this lean from the previous owner ? Can the title insurance of the previous owner cover it. This was a foreclosed property and now owned by an REO


Asked on 2/13/16, 11:35 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Not exactly sure from your statement what the situation is. To best protect yourself, you should have a lawyer representing you. The previous owner's title insurance does not protect you, you need your own title insurance, which would begin coverage as of your settlement. That's one of the reasons you need a lawyer, who would also be able to evaluate the lien and determine if it's a problem or not.

Asking a question here will not give you legal advice or a definitive answer, since no one on this board has complete information about your situation.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/13/16, 2:16 pm


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